X-ray technician convicted of sexual battery
John Stephen O’Brien.
The defendant faces up to one year in county jail
– A San Luis Obispo County jury convicted a local X-ray technician of misdemeanor sexual battery for touching a patient without her consent while he was working at a medical office on or about May 15, 2024, San Luis Obispo County District Attorney Dan Dow announced.
John Stephen O’Brien, born March 23, 1979, was found guilty of willfully and unlawfully touching an intimate part of a patient against her will for sexual arousal, sexual gratification, and sexual abuse.
According to evidence presented during the seven-day trial, the patient went to the medical office for an X-ray of her back and needed help tying her gown. After completing the X-rays, O’Brien offered to untie the gown. When the patient agreed, he untied it, touched and rubbed her back, kissed her back, pressed his erection against her back, and reached around her body to embrace her and grab and squeeze her breasts twice.
The patient immediately reported the incident to the medical office and law enforcement that same day. During a police interview the following day, O’Brien admitted grabbing the patient’s breasts but claimed she had come on to him. At trial, he again argued that her movements and body position invited the sexual touching. The jury rejected his claim and found him guilty.
The jury also heard testimony from a woman who had been a patient receiving an X-ray in San Luis Obispo County in 2016. She described similar conduct by O’Brien, including unwanted touching of her private body parts. The court allowed the testimony under a provision of the Evidence Code that permits certain evidence of prior uncharged conduct when a judge determines it is admissible for a specific purpose.
“Patients place extraordinary trust in medical professionals, and that trust is especially important when a patient is in a vulnerable position during treatment,” Dow said. “This verdict holds the defendant accountable for violating that trust and for the unlawful sexual abuse of a patient who did nothing to invite this conduct.”
O’Brien faces a maximum sentence of one year in county jail. Sentencing is scheduled for Sept. 30 in Department 6 of San Luis Obispo County Superior Court, with Judge Michael S. Frye presiding.
The San Luis Obispo Police Department investigated the case, and Deputy District Attorney Amy Fitzpatrick prosecuted it. Victim advocate Tristan Milledge provided victim support services, and Iris Martin coordinated witnesses.
A copy of the charging document is available online. The San Luis Obispo Police Department website provides information about the department.
